Client Services Agreement

Last updated: 14 June 2020

 

These terms are an integral part of the Terms of Service and together with the General Legal Terms, the Website Use Terms, Fees & Payments Processes and the Privacy Policy, form the Client Services Agreement between you (the “Client”), and XpertReach

 

1. SERVICES

• Client acknowledges that once you are Registered and verified for use of the Platform Services, you may post your business or project requirements or full-time role requirements, inviting applications from prospective consultants or employees (“Consultants” or “Professionals”), to search for and review consultants or professionals, review applications, interview and communicate with consultants and professionals and to select consultants or professionals for Projects or Roles with the purpose of hiring them for projects or full-time work.

• You agree to provide the required information and documentation to complete the Know Your Customer ("KYC") requirements. You acknowledge and agree that a failure to meet KYC requirements may limit your access to the Platform services; and that you will not be able to post projects, roles or transact using the services. You acknowledge and agree that XpertReach may at its discretion, suspend or terminate any account where KYC requirements have not been met, and that this is required to meet regulatory requirements and in order to protect the Platform, other users, and prevent any mis-use or fraud. 

• Once you select a Consultant for a Project, you are recommended to enter into a written agreement with the Consultant, detailing the terms of agreement including the scope, deliverables and fees to be paid for the project work. The agreement and fees to be paid must be recorded and uploaded on the Platform for future reference, updates, payment requests, cancellations, refunds and dispute resolution. Similarly, any Offer Letter for full-time role should be notified to XpertReach with the key terms

 

2. FEES

• Fees for Projects and Services:

  • Clients agree to pay for the applicable Services, and to pay the Consultants Fees for any Project awarded to the Consultant to work on, in accordance with the Contract entered into between you and the Consultant and the Terms of this Agreement;

• Subscription Fees:

  • XpertReach may introduce subscription based plans from time to time;

  • You are not obligated to take any paid subscription plan;

  • Services and Fees applicable may vary based on the subscription plan as detailed under the General Legal Terms

• Consulting Services:

  • Clients do not pay any fees to XpertReach for use of the Services for engaging Consultants;

  • The Consultant and the Client must record on the Platform and notify XpertReach of the key terms of engagement (such as Project start / commencement, Project end date, conclusion of Project and fees (Project Fees) payable to the Consultant), prior to the commencement, or immediately following commencement, of the Project.

  • The Client and Consultant are required and obligated to use the XpertReach Services to pay and receive payments for their work. Payment will be processed as specified in the Engaged Consultant’s Payment Request and as agreed upon by the Engaged Consultant and the Engaging Client. By using the Services, you agree to pay the Consultant the amount agreed or reflected in an undisputed final invoice;

• Recruitment and Placement: For Clients use of the Services for recruitment / appointment of a Professional on a full-time basis, a placement fee is payable as detailed under “Placement Fees” below.

• Placement Fees: In  case of a full-time placement a placement fee of 15% (Fifteen Percent) shall be payable on the total fixed compensation agreed between the Candidate and the Client, unless as specified in any separate placement services agreement signed between the Client and XpertReach. The total fixed compensation shall be the fixed salary plus benefits and emoluments as detailed in the signed Offer Letter (“Compensation”). The amount of Placement Fee is payable within 15 days of the joining date of the Candidate. The Client must provide XpertReach a copy of the signed Offer Letter at the time of acceptance of Offer by the Candidate;

• Replacement Period: In the event the Candidate resigns within 90-days, the Client will request a replacement candidate, and the date of intimation to XpertReach for a replacement candidate shall be no later than 30-days after the last date of employment. XpertReach will find a replacement candidate for the Client at no additional cost. If a suitable replacement candidate is not found within 90-days of the Candidates last date of employment (or date of intimation to XpertReach to initiate search for replacement, whichever is later), XpertReach will refund the placement fee to the Client;

• Recruitment of Consultant: In certain circumstances, a Client may wish to hire a Consultant, previously hired using the Services, on a full-time basis. In such case, if the Exclusivity Period is applicable, the Client agrees that it will notify XpertReach immediately of any Placement or Job or Fixed Fee Contract, or any other Offer for work by whichever name called, and agrees that the “Placement Fee” as detailed above will be payable to XpertReach, on the Compensation as detailed in the Offer Letter from the Client.

 

3. FEES AND PAYMENTS

• The payment terms and procedures may vary from assignment to assignment and from client to client. Each assignment may be governed by a separate agreement which will be drafted and agreed between the interested parties from time to time.

• Payment of Project Fees and Service Fees will be subject to the processes as detailed in “Fees and Payment Processes”

• Promo Codes:

  • XpertReach may introduce Promo Codes offering clients a discount on any project.

  • XpertReach retains the right to limit the use of any such Promo Code for specific values, or categories of work, or client at its sole discretion; and retains the absolute right to withdraw or terminate any Promo code without prior notice at its sole and absolute discretion, without assigning any reasons thereof

 

4. Client Accounts and Responsibilities

• You represent that you are duly authorised to open an account with the Services on behalf of  your business or organisation, are duly authorised to enter into contracts and to make payments, and that your business or organisation agrees to be bound by these terms and conditions.

• You represent that there are no restrictions on you opening an account with the Services and using the Services and have obtained all necessary consents or waivers to participate as a User;

• Project set-up and Scope:

  • Clients are free to register for an account, and subject to approval are free to post projects for applications or proposals from consultants, search, screen, and select consultants via the Platform services or with the support of our engagement team, in line with the services you have agreed with XpertReach. Consultants are free to accept or decline Projects at their discretion, and may be subject to existing obligations, work commitments, existing project or employment related restrictions. You agree to respect these conditionality's, to the extent these are known to you;

  • Clients agree to not ask Consultants for any advice or recommendations on financial matters, stocks, investments, ratings, securities, financial planning, legal, medical, accounting without first ensuring the Consultant holds all necessary qualifications and licences and you have the appropriate agreement and terms of engagement in place;

  • Clients are free to use and apply any opinions and insights delivered to them as a part of any Project via the Platform. Clients may not identify or quote Consultants or attribute insights or opinions to Consultants or XpertReach without the prior written consent of the Consultant or XpertReach (as applicable);

  • Clients must ensure that any requirements for insurance including professional indemnity, public liability and/or workers’ compensation, in respect of any Project are addressed in your agreement / contract with the Consultant. XpertReach will not be responsible for any liabilities occurring as a result of your agreement with the Consultants and will not be a liable for any claims resulting from any Project;

• Client conduct:

  • Clients must act with the utmost professionalism and courtesy in any dealings with Consultants and XpertReach.

  • When using XpertReach Services, Clients must:

  • provide clear, accurate and complete details in describing the project

  • review, enquire and generally satisfy yourself that the matched Consultants meet your requirements, including any requirements with regards to intellectual property

• You may use the Services only in strict accordance with these Terms, and you agree that you will not use the XpertReach Services to compete directly or indirectly with XpertReach or any of the XpertReach Services.

 

5. ENTIRE AGREEMENT AND PREVIOUS CONTRACTS

• You, (the “Client”) and We (“XpertReach”) agree with each other that this Client Services Agreement, together with any documents referred herein, constitutes the entire agreement and understanding between us and replaces and supersedes any previous arrangement, understanding or agreement between us relating to any assignment (which is hereby deemed to be terminated by mutual consent).

6. NON CIRCUMVENTION

• Client agrees and commits that all Consultants introduced to the Client by or via XpertReach or XpertReach Platform or Services shall continue to be accessed by the Client solely via the XpertReach Platform or other XpertReach channels. The Client agrees that receiving a Proposal from a Consultant is an "introduction" and such Consultant is an "introduced Consultant". The Client agrees not to deal directly with any Consultant introduced to the Client, unless specifically agreed to with XpertReach in writing, in exceptional cases where a direct engagement is required for confidentiality purposes. Client further agrees not to circumvent or attempt to circumvent XpertReach, in any of its dealings with the introduced Client; and to ensure that all dealings, projects and payments are made exclusively using the XpertReach Platform or Services. All agreements for projects or work with introduced Consultants must be notified to XpertReach and on the Platform; and all will be subject to the Service Fees as detailed in the Terms of Service and the Services Agreement;

• In the event of any Consultant suggesting or attempting to circumvent XpertReach by asking the Client to deal directly with the Consultant outside the XpertReach Platform, the Client shall promptly notify XpertReach of the same, no later than 3 days from the date of such attempt or suggestion to circumvent.

© XpertReach

General Legal Terms

 

Last updated August 21, 2020

 

Welcome to XpertReach.io.

 

These "Terms of Service” govern the access and use of our Services, on our Website XpertReach.io and associate Applications, Mobile Apps, software, sub-domains, logos, marks, services and products available or any services or products offered thereon or through them (the "Platform"), whether offered for consideration or otherwise, by the Company and its subsidiaries and associate companies as applicable (collectively XpertReach, "we" or "us"), and is protected by domestic and international copyright and trademark laws, and /or any other applicable laws. 

 

Please read these Terms of Service and the Privacy Policy before starting to use the Website and Platform. By using the XpertReach website or mobile apps, registering as a Client or Consultant, or by clicking to accept the Terms of Service and Privacy Policy. This page contains the following sections, all of which are incorporated herein and are an integral part hereof of the Terms of Service:

• General Legal Terms for all Users;

• Client Services Agreement, containing additional applicable terms for Platform use by Clients and the Service Agreement between Clients and XpertReach;

• Consultant Services Agreement, containing additional applicable terms for Platform use by Consultants and the Service Agreement between Clients and XpertReach;

• Website Usage Terms;

• Privacy Policy;

• Fees and Payments - detailing the Invoicing, Fees and Payment Processes applicable for Clients and Consultants; and

• Community Guidelines

 

Access to and use of Services is subject to acceptance of and compliance with these Terms of Service and the Privacy Policy. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site.

 

The use of the Website and Platform is restricted to users over the age of 18 years, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age. You may use the Services only if you are legally able to enter into a binding contract for use of such services, and have not been barred by any law from receiving services or entering into a legal contract.

 

If you are accepting these Terms and Conditions on behalf of a Company, Partnership Firm, Trust, Government Body, or any other form of legal entity, you confirm that you are authorised to do so and have the capacity to form a binding contract in your jurisdiction.

 

Membership or use of the Services is void where prohibited by applicable law, and the right to access the Services will be deemed to be revoked in such jurisdictions ab-initio. 

 

We may from time to time, amend, update or change the Website and Platform including these Terms, without prior notice to you. Consequently, you should regularly check these Terms (https://www.XpertReach.io/terms-of-service) for changes. These are the current Terms and replace any other terms and conditions of use previously published for the Site.

 

You represent and warrant to XpertReach to use the Services in a manner consistent with any and all applicable laws and regulations.

 

Definitions of key expressions used in these Terms of Service are provided in Section 15 below.

 

1.     OVERVIEW OF SERVICES

• XpertReach is a technology based Marketplace for services performed by its Users, matching users requiring consulting services ("Clients" or "Service Seekers"); with other users registered as Consultants (individually "Consultants" or "Professionals" or "Service Providers" (used interchangeably), and collectively our "Network");

• Registration as a User on the XpertReach platform is free. Only registered members may transact business on XpertReach. There are separate registration for Clients and Consultants on the XpertReach platform. A User cannot operate the same account as both Client and Consultant, although there is no restriction on a consulting firm registering separate accounts as both client and consultant;

• A company, business, person, or other legal entity can be registered as a Client. Registered Clients can post their projects and business requirements, view consultant profiles, connect with, and communicate with service providers and consultants, receive proposals for projects or applications for work, for the purpose of hiring service providers for project or full-time work through the Services.

• Professionals with industry or consulting experience and meeting the XpertReach standards for service providers can register as Consultants. Consultants will be required to provide details of skills, work and consulting experience and other biographical information. Consultants who have been verified and approved by XpertReach to use the Services can view Projects and Roles posted by Clients connect with or receive connection requests from Clients, for the purpose of applying for Projects or Placements posted by Clients through the Services;

• Users, both Consultants and Clients, will be reviewed by XpertReach before acceptance to use the Services. Acceptance to the XpertReach Services is at the sole and absolute discretion of XpertReach. XpertReach may ask for further details and /or documentation as part of the acceptance process and to meet KYC (Know Your Customer) requirements;

• Clients have the ability to provide further details on the Project to selected Consultants before finalisation of Contract. All Projects awarded must have clear deliverables and milestones.

• XpertReach Services will connect the Client and the Consultant. All consultancy agreements or placement offers must be executed directly between the Client and the Consultant / Professional. XpertReach is not a party to any Consultancy Agreement or Placement Offer or the subsequent dealings between the Client and the Consultants / Professionals.

• Consultants must track their work and deliverables for the Project, and submit their payment requests and invoices using the Services; 

• Clients must make all Payments for the Project solely using either the Payment Gateway and Bank Transfer facilities available on the Services, or Bank Transfers to XpertReach designated account.

 

2.     ELECTRONIC COMMUNICATIONS

• When you visit our Platform or use the Services or mobile applications, use the Platform Chat facility, receive or respond to Notifications, or send us emails, you are communicating with us, or other Users of the Platform, electronically;

• You agree that all electronic  communications regarding agreements, contracts, notices, disclosures, and all other communications satisfy any legal requirements.

 

3.     REGISTRATION

• Registration of Users, whether as Client or Consultant, is mandatory in order to use the Services.

 

Clients:

• The Client Registration requires details such as company name, name of the authorised person, industry description, user name, password, email and phone number, and mobile number of the authorised representative (for email and SMS verification of client account and account security), amended for any additional information required by XpertReach from time to time;

• Client understands and agrees that XpertReach may screen and verify the information provided by the Client and may ask for further information to complete the registration or to meet other internal, taxation or KYC related requirements;

• XpertReach may at its sole and absolute discretion delete ab-initio any registration or account if any false, untrue or misrepresentative information is provided during or after the registration process;

• The process of registration and the information sought in the Client profile can be altered / modified / changed at the sole discretion of XpertReach

 

Consultants:

• The Consultant Registration requires details such as user name, password, email and phone number, and mobile number of the User. Additional Biographical, Work and Professional information may also be required, and amended by XpertReach at its sole discretion from time to time. Once the account is created using these information, the account will be marked for verification and approval by XpertReach;

• Consultant understands and agrees that XpertReach may screen and verify the information provided by the Consultant and may ask for further information to complete the registration or to meet other internal, taxation or KYC related requirements at its sole discretion;

• Consultant may add further details to their Profile (such as a CV, experience detail or consulting credentials documents) from time to time to showcase their consulting skills and experience;

• XpertReach may at its sole and absolute discretion delete ab-initio any registration or account if any false, untrue or misrepresentative information is provided during or after the registration process;

• The process of registration and the information sought in the profile can be altered / modified / changed from time to time at the sole discretion of XpertReach. 

 

4.     KNOW YOUR CUSTOMER REQUIREMENTS (KYC)

• You agree, acknowledge and consent to XpertReach undertaking User verification measures in order to meet "Know Your Customer" (KYC) requirements for making or receiving payments using the Payment Services. You acknowledge that XpertReach may require, and as a User you are obliged to and agree to provide information required for XpertReach to complete its verification process for KYC purpose in accordance with applicable anti-money-laundering regulations and rules and taxation regulations and rules (as required for withholding taxes (TDS, VAT or GSTIN, etc.);

• You agree to provide truthful and accurate information to enable XpertReach to complete the KYC requirements and authorise XpertReach to provide this information to the Payment Services Providers to enable payment processing for your account;

• XpertReach may at its sole and absolute discretion decline or suspend any Users account if the User fails to meet KYC requirements, or if XpertReach becomes aware of or suspects any inaccuracy or falsification of any information provided for KYC purposes.  

 

5.     PRIVACY

• All information and personal data provided by you to XpertReach is processed by us in accordance with our Privacy Policy (https://www.xpertreach.io/privacy-policy), and the data protection laws applicable to us. You understand that by using our Services, you provide your consent to the collection and use of your data as set forth in the Privacy Policy, including the transfer of this data to our web-servers for storage, which may be in dispersed server farms in other jurisdictions;

• As part of our Services, we may need to communicate with you using services such as Chat, Notifications, Email, SMS and Phone, for service and administrative purposes. These communications are considered a part of the Services and your account with XpertReach, and you give your consent for the same. You agree that you may not be able to Opt-out of such communications as they are integral to the Services;

• Where you have opted in to receive our Newsletters and other Marketing communications, you consent for XpertReach to communicate with you and use your details as provided under the Privacy Policy. You may opt-out or unsubscribe from Newsletters and marketing communications by following the unsubscribe link in the email;

     

• You agree for the use of your Company Logo and Images on the XpertReach Website, and in our marketing materials to promote the Services.

 

6. USER COMMUNICATIONS:

• Professionals and clients may not request or share contact information before a contract is started

• Users must conduct all pre-contract discussions, interviews or negotiations through the XpertReach platform. If a call or video discussion is required, the User must contact the XpertReach services team and arrange it via the Platform

• All Payment requests are to be processed via the XpertReach platform. Users must not initiate, request, pay or otherwise deal with project payments in any way other than through XpertReach.

• Users must follow the process as detailed under "Fees and Payment Process" for all fees and payments.

•  

7. ORDERS:

• Completion of Orders: Clients and Consultants must fulfil their agreed Orders, and may not cancel the Orders without providing a substantive cause;

• Order Cancellation: Clients should first refer to the applicable Cancellation Policy under their Agreement with the Consultant. Cancellations shall be governed by the terms agreed between Client and Consultant. Where no specific cancellation terms have been agreed, the Platform cancellations terms available on the Platform will apply, which forms part of the Order Process.

  • If applicable, the Client may process the order cancellation as provided on the Platform Services. Requests for Order Cancellation may be sent to BOTH the Consultant AND XpertReach Customer Services online using the Platform Chat Tools AND Email to: services@xpertreach.io. The XpertReach team will assess whether the order can be cancelled based the applicable Cancellation Policy:

  • Completed or Delivered Orders may not be cancelled;

  • Active orders may be cancelled only prior to delivery of services by the Consultant, under the following circumstances: 

    • The Order is overdue for delivery and the Consultant is unresponsive for more than 3 working days; or

    • There is a copyright or trademark infringement as part of the service delivery; or

    • The User account has been disabled  

• Order Revisions / Changes: Revisions on deliverables, milestones, timelines and chargeable fees can be made by the Client and Consultant through mutual agreement. All communication, agreement or contract, updates and delivery must be conducted and recorded on the Services.

• Clients cancelling an agreed Order without giving substantive cause, or frequently cancelling Orders, may be blacklisted  from using the Services on XpertReach.

 

8.     FEES

• Consultants are free to negotiate and agree the Fees for a Project (“Project Fees”). These may be a fixed price for the project or variable hourly or daily rates based on time effort, in respect of a Project.

• The Client and Consultant must notify XpertReach, and update on the XpertReach Platform, the key terms (such as Project commencement, Project end date, conclusion of Project and fees payable to the Consultant) prior to commencement (or immediately following commencement) of the Project.

• XpertReach will receive a "Service Fee" in respect of Services provided by XpertReach and use of its Platform, under these Terms of Service and as detailed in the Consultant Services Agreement and Client Services Agreement (incorporated hereunder), and in accordance with the Fees and Payments Processes (incorporated hereunder).

• XpertReach will be entitled to receive the Service Fee in respect of any Projects undertaken by a Consultant introduced by XpertReach. Any previous relationship between the Consultant and the Client will not impair or limit this obligation for payment of Service Fees to XpertReach;

 

9.   TAXES

• GST will be charged at applicable rates over and above the fees agreed for any work engaged using the XpertReach platform

• Clients agree that they are responsible to comply with all tax requirements applicable to them, including but not limited to any obligation to deduct or withhold taxes. It is hereby clarified that all prices and fees (Project Fees) on the Services are the net amounts that will be paid following any withholding tax and/or deductions, unless agreed otherwise between the Client and the Consultant in writing.

 

10.   PAYMENTS

• The payment terms and procedures may vary from assignment to assignment and from client to client.

• Each assignment may be governed by a separate agreement which will be drafted and agreed between the interested parties from time to time. XpertReach does not guarantee any payments on behalf of the company, it works only as a facilitator between the company and independent consultant. All payments will only be made on successful and satisfactory completion of any assignment which is approved by the company.

• 'Payment processing (“Payment Services”) for all Users of the Services and for any payments made to you, are provided by Razorpay and/or PayPal via the Services online and XpertReach designated Bank Payment Services for NEFT, IMPS, RTGS, SWIFT or other wire payments (individually and collectively the “Payment Services Providers”), and are subject to the respective Payment Services Agreements. By agreeing to these terms or continuing to operate as a User of the Services, you agree to be bound by the respective Payment Services Agreements  (Razorpay Services Agreement, PayPal Services Agreement and/or any Bank Payment Services) and acknowledge that the same may be modified by Payment Services Provider(s) from time to time. A copy the applicable agreements is available if required (email request to: services@xpertreach.io). In certain cases, XpertReach may, at its sole discretion, accept or make offline payments via NEFT/RTGS (India) or SWIFT bank transfers (“Bank Payments”);

 

11.   CERTIFICATION

• XpertReach may at its discretion, introduce certification programmes. Consultants may apply for online evaluation for senior management, leadership, and other skills or expertise using third-party partners/suppliers test and evaluation programme. These evaluation ratings may be displayed on the Consultants profile. These evaluations, when available, may be conducted by the third-party and may be chargeable.

 

12.   REVIEW AND FEEDBACK

• Consultants or Service Providers may provide confidential feedback directly to Clients or Service Seekers using the XpertReach Services. The Review may be in the form of a "Star" rating on a scale of 1-5 stars. This review and feedback may include factual information which is verifiable and supported, and opinions which must be a fair assessment based on the Consultants own experience of working with the Client using the Services;

• Clients or Service Seekers may provide an online review and feedback directly to Consultants or Service Providers using the XpertReach Services. The Review may be in the form of a "Star" rating on a scale of 1-5 stars. This review and feedback may include factual information which is verifiable and supported, and opinions which must be a fair assessment based on the Clients own experience of working with the Consultant using the Services.

• By using the Platform and Services, you acknowledge and agree that these reviews and feedback are an integral part of the Services and may be viewed by other Users and considered as part of their decision process in selecting a Service Provider or choosing to work with a Service Seeker. Consequently, you acknowledge and agree that any review or feedback provided must be based on factual information and actual experience on a project whilst using the Services.

   

• In case you receive a negative review or feedback, neither XpertReach nor the party giving the review or feedback, whether a Service Provider or a Service Seeker, is liable for any loss, cost, expense, claim or damage, of any nature, from such review or feedback. You agree and hereby release XpertReach, and any and all persons acting under its permission or authority from any claim, liability, or action in law, including any claims for defamation, copyright infringement, or invasion of privacy, arising in connection with the review or feedback provided. XpertReach reserves the right to deactivate the profiles of low performing consultants.

 

13.   DISPUTES

• We are not a party to the contract between the Client and the Consultant. However, we do facilitate both parties via the Services and benefits as a third party from the Agreements and Contracts they enter into by the Parties. As such, in the event of a dispute between the Parties, we can offer to facilitate a dispute resolution between the parties. The service facilitation offered by us is informal, non-binding and does not involve a legal judgement, or process of arbitration. In the event either party does not agree with our dispute resolution recommendations, both parties are free to pursue any legal actions and remedies available under their mutual contract.

• Order cancellations on XpertReach, when eligible, can be done by the XpertReach Customer Services Team (see Order Cancellation). Reversing a payment or filing a transaction dispute through your payment provider or bank is a violation of these Terms of Service. Any reversal initiated from outside of the Platform can result in accounting mismatches and lead to us conducting a review of our systems and security breaches. If an order is cancelled (for any reason), the funds paid will be refunded to the Client in line with the Cancellation Policy for the awarded Project / Task.

• XpertReach reserves the right to place funds on hold, cancel or suspend orders, suspend a user account, or take any other measures deemed appropriate, in the event of any suspected fraudulent transactions made using the Services.

• In case a Consultant disputes any feedback or review provided by a Client, on the basis that such review or feedback is not based on factual experience when using the Platform Services, a request for review may be submitted by email to XpertReach at: services@xpertreach.io with the subject heading "Dispute Review and Feedback", supported with a detailed note and factual information and communications recorded on the Platform. XpertReach may raise the disputed review with the Client for further information and will consider any details that the Client may provide. XpertReach will only remove or delete a Review if there is compelling evidence that the communications on the Platform do not support a negative review or has not been provided by the Client based on experience on the Platform Services. You agree that XpertReach will conduct a review based solely on supportable information, data, communications recorded using the Platform Services. You also agree that XpertReach is not responsible or liable in any way, for whatever decision it takes, or if it is unable to take a decision based on the information provided by both parties to remove or delete any reviews or feedback.

 

14.   GENERAL CONDITIONS

 

Headings

The Headings provided in this document are for ease of reading only and do not constitute a part of this Agreement

 

Entire Agreement

• These terms, our Privacy Policy, and the documents (“Agreement”) referred to therein, constitute the whole of the agreement between you and us relating to the Service, excluding any separate agreement you may have with us for provision of services that is explicitly in addition to or replacing these terms and conditions;

• This Agreement supersedes and replaces any prior agreement with us regarding the Services. No pre-contractual statement or presentation or other communication whatsoever, will have any legal effect;

• No waiver of any of these Terms and Conditions will be valid unless agreed with us explicitly in writing.

 

Non Circumvention

• Consultants (Service Providers) and Clients (Service Seekers) must not undertake any actions that seek or attempt to avoid or circumvent XpertReach and payment of Service Fees. Subject to any exceptions set forth in these Terms of Service or any of the attached additional Policies, if any, both Service Providers and Service Seekers shall not:

  • Offer any document, or service brochure, or link to any third-party website or application or email, from where the Service Seeker or any Registered User or User of XpertReach may obtain expertise or consulting services directly;

  • Charge for expenses higher than those actually incurred on the project, or that may be reasonable;

  • Offer the opportunity through XpertReach, to obtain or purchase the expertise or consulting services outside of XpertReach;

  • Use their Profile page and uploaded materials or documents to promote services outside of XpertReach, or to promote prohibited services;

• In the event that any Consultant or Professional or Service Provider is involved in any of these activities, XpertReach holds the sole and absolute discretion to suspend their account on XpertReach, blacklist them from using the Platform in any manner in future, and to withhold any outstanding payments to the Service Provider.

     

XpertReach Not a Party to Consulting Agreement or Service Contract

• You hereby acknowledge and agree that XpertReach is not a party to any Agreement for services, whether written or oral; any negotiation between, or any contract entered into between the Registered Users in connection with any services offered, directly or indirectly, through the Platform Services. All Agreements / Contracts are directly between the Service Provider (Consultant) and the Service Seeker (Client). You acknowledge, understand and agree that XpertReach only provides a Platform where a Client and a Consultant can be brought together, and that XpertReach has no role itself in the provision of services or the execution of the contract.

       

No Agency, Partnership or Joint Venture

• Nothing in this Agreement, or in the process of registration as a User of the Services, or the use of our Website and/or Services, in any manner whatsoever, constitutes or be construed to constitute as creating or implying any relationship of agency, partnership or joint venture between you and us, other than and solely to the extent expressly provided for in this Agreement.

 

Force Majeure

• Neither party shall be liable for any default or breach of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused directly or indirectly by forces or any act or conditions beyond such party’s reasonable control, including without limitation Fire, Flood, Earthquake, Acts of God, Labour disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages, or the failure of any third party to perform any commitment such as delivery of equipment, software or other materials required for such party to perform its obligations under this Agreement.

 

Governing Law 

• This Agreement including the Terms and Conditions, Privacy Policy, and constituent documents referred to therein, as well as any claims arising from or related thereto, whether in tort, contract or otherwise, are governed by laws of India and subject to the jurisdiction of the courts at New Delhi.

 

Severability 

• The invalidity or unenforceability of any provision of these Terms of Service shall not for those reasons alone affect the validity or enforceability of any other provision of these Terms of Service.

 

Survival of Certain Provisions

• The provisions of the sections (including subsections) of these Terms of Service (and incorporated Client Services Agreement and Consultant Services Agreement) entitled Confidentiality, Exclusivity, Intellectual Property, Fees, Payments, Non-circumvention, Disclaimers and Limitations on Liability, and General Conditions shall survive any termination or expiration of these Terms of Service.

 

15.   TERMINATION

• You have the right to withdraw from the Services at any time upon written notice to deactivate your account by sending an Email with the Subject “Close Account” to support@XpertReach.io.

• You agree that your withdrawal from the Services is subject to completion of your ongoing project responsibilities and work deliverables, or with the prior consent of the Client. You understand and accept that you will be required to refund to us and Clients any payment received in advance or in part for project deliverables not completed.

• We have the unlimited right to terminate or limit your account in the Services, or from any Project, at any time and for any reason including but not limited to:

  • we reasonable believe that you have violated the Terms of Service, or

  • your continued use of the Services could potentially pose a commercial, legal, reputational, regulatory or any other risk to us, or

  • you become bankrupt or insolvent, or

  • it is our belief that it is necessary to protect the interests of our users and of XpertReach, or

  • we believe it is not commercially viable to continue to offer you the use of the Services, or

  • there is a prolonged period of inactivity on your account, in which case we may deactivate, suspend or terminate your account at our discretion

• If we suspend or terminate your account we will make reasonable efforts to notify you by email associated with your account, or when you try to access your account.

 

16.   DEFINITIONS

In these Terms and Conditions

 

• • • “Account” means the account opened by the User on the Website, whether as a Client or Consultant,  by inserting the required information such as name, email, password, as required to be filled in the Sign-up webpage form during the Registration Process and further personal, biographical and professional information,  which includes any changes and additions to the information from time to time.

    • “Client” means any person or organisation or government body or legal entity, (a) who uses our Services as a client, posting or providing Project requirements which they would like a Consultant to provide or work on, (b) who posts or searches for a Professional to work with them on a full-time or part-time placement

    • “Content” refers to all including, but not limited to, information, text, graphics, images, photos, and any uploaded or downloaded materials available on XpertReach or its Services.

    • “Exclusivity Period” means the period of 12-months from the date of initial introduction between a Client and a Consultant or Professional through our Services, during which time XpertReach has the exclusive and unassailable right to be paid for Services as detailed in Fees.

    • “Engaging Client” means a Client who engages a Consultant or Professional to work on a project or placement. 

    • “Engaged Consultant” means a Consultant who has been engaged by a Client to work on a project or placement.

    • “Member” means any User who has completed the Registration Process successfully, whether as a Client or a Consultant.

    • “Order” means a service (whether a project posted by client, or a service product offered by Consultant), which the Client has agreed to purchase using the Services.

    • “Payment Method” means the Credit Card, Debit Card, PayPal, Bank Account or other payment details provided by the Client for their account to authorise payments for work done using the Services.

    • “Placement” means a full-time role for which a Client seeks a Professional to work on a full-time basis in consideration of payment either on a salaried basis or other fees.

    • “Platform” means the Website XpertReach.io(https:// XpertReach.io) and associated sub-domains, Applications, Mobile Apps, Tools, Widgets, Functionality and Content available or any Services offered thereon or through them

    • “Project” means a project posted on our Services or provided to us by a Client, seeking a Consultant to perform or work on it in consideration of payment.

    • “Registration Process” means the application process to apply for membership to avail of XpertReach Services, by completing the Sign-up webform and provision of the information required on the Sign-up form and subsequent Profile pages.

    • “Services” means the products, services, content and functionality offered through the XpertReach marketplace platform, through its Web site (https://XpertReach.io), Mobile Apps, other applications and software, for consultancy and professional contracts, work or jobs, whether fixed-term or full-time.

    • “Supplier” means any organisation or any other entity which uses or access the Services for the purpose of advertising, showcasing or providing any service or products to the Users.

    • “Us”, “Our” and “We” means XpertReach, a business unit of Magi Research and Consultants Private Limited.

    • “User” or “Users” means any User of our Service, whether as a Client, Consultant or Professional.

    •  “You” means the User of our Platform, whether as a visitor, member, client or consultant.

 

17.   WHO WE ARE

XpertReach is a registered trademark and a business unit of Magi Research and Consultants Private Limited, a company registered in India (CIN: U74140HR2010PTC039956) and having its Corporate Office at 329 Tower B3, Spaze i-Techpark, Sohna Road, Sector 48, Gurgaon 122018, India; and Registered Office at J-092 Park Place, DLF City Phase 5, Sector 54, Gurgaon 122011, India and You can contact us by email at: info@XpertReach.io

You acknowledge that you are making express representations to XpertReach and its Users that you will abide by all of your obligations and responsibilities as set forth in these Terms of Service.

© XpertReach

 

Website Use Terms

Last updated: 17 November 2019

1.     USER ACCOUNTS AND RESPONSIBILITIES

• Username and Passwords: You must create a user name and password when registering to open an account with XpertReach. The password must be kept confidential and known only to yourself in order to protect access to your account. If you think someone else might have access to your password, you must change it at once. You are solely responsible for any activities or actions under your account and password. XpertReach will not be liable for any loss or damage arising from any misuse of your account or password;

• On participating in the Services, you must take responsibility for any costs, damages or expenses that arise as a result of any claim by a third party for any loss, damage or injury arising from or as a result of any work undertaken using the Services.

 

2.   RESTRICTIONS ON USE

• Basics:

  • XpertReach enables Customers and Consultants to enter into binding agreements, for which basic identity details may be shared using the Services tools. However, in order to protect the privacy of our Users, and the operations of the Platform, the following is prohibited:

    • Requesting or providing Email addresses, telephone numbers, Skype or IM usernames, or any other personal contact details;

    • Sharing any contact details or other information to conduct communication outside of the Services in order to circumvent or misuse the Platform Services and its communication tools (Chats, Notifications);

  • Any necessary exchange of personal information required to continue a service may be exchanged within the Project page / Platform chat facility;

  • All communication, order, agreements, documentation exchange, invoicing and payments must be done exclusively using the Platform and Services;

  • XpertReach does not provide protection for users who attempt to or bypass the Platform communications;

  • XpertReach uses automated and other tools to monitor usage of the platform. Any prohibited actions will be treated as a violation of terms of service and will be investigated, and may result in suspension or termination of the Users account;

  • Users may not submit proposals or solicit parties introduced through XpertReach to contract, engage with, or pay outside of the XpertReach platform.

• Non-Permitted Usage:

  • XpertReach does not permit language or behaviour which contains comments which may contain or communicate bullying, harassment or hate speech;

  • Phishing and Spam – Posting, Uploading or Sending unsolicited marketing or other materials is not permitted. Any attempts to publish or send malicious content with the intent to compromise another User’s account or computer environment is strictly prohibited;

  • Privacy & Identity - You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the order page. Users further confirm that whatever information they receive from another User, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Client. Any users who engage and communicate outside of the XpertReach platform will not be protected by our Terms of Service;

  • Authentic XpertReach Profile - You may not create a false identity on XpertReach, misrepresent your identity, create a profile for anyone other than yourself, or use or attempt to use another user’s account or information. The information you provide for your profile, including your description, education, experience, skills, location, etc., must be accurate and complete and must not be misleading, illegal, offensive or otherwise harmful;

  • Fraud / Unlawful Use - You may not use XpertReach for any unlawful purposes or to conduct illegal activities.

  • Services and System related:You may not do any of the following while accessing or using the Services:

    • access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of XpertReach associates, partners and service providers;

    • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

    • interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, through sending virus or malware, spam, denial or service, mail-bomb, or creating scripts that interfere with or create an undue burden on the Services;

    • access or search or attempt to access or search the Services by any means (automated or otherwise, including but not limited to crawling or screen scraping) other than through our currently available, published interfaces that are provided by XpertReach (and only pursuant to these Terms), unless you have been specifically allowed to do so in a separate agreement with XpertReach;

    • interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

 

3. PRIVACY

• All information and personal data provided by you to XpertReach is processed by us in accordance with our Privacy Policy, and the data protection laws applicable to us. You understand that by using our Services, you provide your consent to the collection and use of your data as set forth in the Privacy Policy, including the transfer of this data to our web-servers for storage, which may be in dispersed server farms in other jurisdictions. If you do not agree with the Privacy Policy, you must not use the Website or the Services;

• As part of our Services, we may need to communicate with you using services such as Chat, Notifications, Email, SMS and Phone, for service and administrative purposes. These communications are considered a part of the Services and your account with XpertReach, and you give your consent for the same. You agree that you may not be able to Opt-out of such communications as they are integral to the Services;

• You agree for the use of your Company Logo and Images on the XpertReach Website, and in our marketing materials to promote the Services.

4.   INTELLECTUAL PROPERTY

• XpertReach own or are licensed to use the Intellectual Property Rights in our Service, including our Branding and the underlying technologies.

• The Services, including the Website and Mobile Apps and their general layout, design and content, the XpertReach brand and logo, are exclusively owned by XpertReach and are the intellectual property of XpertReach and are protected by copyright, trademark and other laws of India and other countries.

 

5.   LICENCE PROVIDED BY XPERTREACH

• XpertReach provides its registered Users (Consultants and Clients) a non-assignable, non-exclusive, royalty free, personal license to use the Services, the XpertReach website and software provided as part of the Services, and in a manner permitted by these Terms and Conditions, so long as the User has a valid and active account with XpertReach. This license shall automatically terminate if you violate any of these restrictions, on closure or invalidation of your account with XpertReach, and may be terminated by XpertReach at any time. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

6.   LICENCE PROVIDED BY USERS & COPYRIGHT

• You retain your rights to any content you post, submit or display on or through the Services. All User generated, posted or uploaded content on the XpertReach Service is meant for the use of the XpertReach Clients and Network, and all other Users of the Service. By posting, uploading, or generally sharing, any content on the Website or Marketplace Service, you grant us a world-wide, non-exclusive, royalty-free license (with the right to sub-license) all necessary rights and license to use, copy, reproduce, modify, publish, process, transmit, display and distribute the said content in any manner whatsoever in any and all media or distribution methods (including those known and those available or developed in future).

• We reserve the right to remove any content that is alleged to be causing copyright infringement without giving any notice, and at our sole discretion, and without any liability. A violation of copyright by any User may result in a violation of these Terms of Use

• You give us your permission to use your logo on our website, applications and marketing materials to promote the Services

 

7.   OUR RIGHTS

• We reserve the absolute right without any limitation or obligation, to  suspend or terminate any users,  add, limit, suspend, or remove any part of our Services, remove or deny access to any content on the Services, and suspend, remove or delete any tools, usernames or benefits offered, at all times

• We reserve the absolute right to access, disclose or save any information at our discretion as required to:

  • Meet any legal, statutory, regulatory or government requirements whatsoever

  • Prevent, detect or address potential or risk or incidence of fraud or application security or cybersecurity threats of any kind

  • Protect our and our users, employees, associates, partners and the general publics rights, property, or safety.

 

8. LINKS TO OTHER SITES

• The Site may contain links or portals to other websites. We have no control over websites operated by third parties and you agree that we are not responsible for, and will have no liability in connection with, your access to or use of any third party website.

 

9.   DISCLAIMERS AND LIMITATION ON LIABILITY

• Please read this section carefully. This section provides for the limitations of services and limits the liability of XpertReach and its directors, officers, associates, affiliates, employees, agents, representatives, partners, licensors (“XpertReach and Associates”). The following sections are enforceable to the maximum extent permissible by law. If any one section is not enforceable by law, it does not impact on the validity or enforceability of other sections herein. Nothing in this section is intended to limit any rights you may have which cannot be limited by law.

  • XpertReach operate and provide the Services. We make reasonable endeavours to keep the software and technology running the Services operational subject to service and maintenance “down-time” and acknowledging that certain amount of unintended system downtime is likely and inherent in internet based applications and services. You understand and agree that you use the Services at your own risk and that the Services are provided on an  “as is” and “as available” basis. You agree that XpertReach provide NO OTHER WARRANTY in respect of the Service and XpertReach and Associates disclaim all other warranties and conditions, whether express or implied, including of merchantability, fitness for a particular purpose or non-infringement, to the fullest extent permissible by law. XpertReach and Associates provide no warranty or representations or conditions for:

    • completeness, accuracy, reliability, security, availability, timeliness or other aspects of the Service or any content;

    • any loss of data or harm to your computer system or mobile, or any other harm resulting from use of the Service or any content;

    • storage, maintenance, deletion, transmit or otherwise of any data or content or communications maintained by the Service;

    • or Service availability on a secure, uninterrupted, error-free or reliable basis;

    • and disclaim all liability and responsibility for our Service or content on our Service, whether express or implied. No advise or information received, whether oral or in writing, from XpertReach and Associates, or through the Service, will create any warranty not expressly made herein;

• • We assume no responsibility or liability for any loss or damage caused by a virus, distributed denial-of-service attack, or other technology based harmful material that may infect your computer systems, equipment, programmes, data, content and/or other proprietary or business material due to your use of our Service;

  • The Services may contain links to external and/or third party websites, content or resources. By using these services, you acknowledge and agree that XpertReach and Associates are not responsible or liable for the availability or accuracy of such websites or resources or content, products or services available on such websites or resources. You agree that links to such websites or resources do not imply any endorsement by XpertReach and Associates of such websites or resources or of any content, products or services available on such websites or resources. You assume sole responsibility for and assume all risk from your use of any such websites or resources;

  • XpertReach is not responsible for any Consultants acceptance or performance of any Project, nor for any Client’s payment of Fees to Consultants for any work done;

  • In no event shall XpertReach be liable to you or any other party for any damages resulting from or relating to your use of the Services, including without limitation for any indirect, incidental, consequential, punitive or special damages, or any loss of profits or losses, business or revenue, whether incurred directly or indirectly, or any loss of data, use, anticipated savings, business opportunity, goodwill or reputation, or other intangible losses, resulting from:

    • your access to or use of or inability to access or use the Services, or

    • any conduct or content of any third party on the Services, including without limitation any offensive, defamatory, or illegal conduct of other Users or third parties, or

    • any content obtained from the Services, or

    • authorised access, use or alteration of your content or transmission of data;

  • In no event shall the aggregate liability of XpertReach and Associates exceed INR 5,000 (or USD 100), or the amount you paid us, if any, in the past three (3) months for the Services directly related to the claim. The limitation of liability shall apply regardless of the theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and even if we were informed of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose. You are solely responsible for your actions. We shall have no obligation to defend you, provide you with legal counsel, or pay legal costs and expenses on your behalf.

 

© XpertReach, 2019

Privacy Policy

 

Last updated November 7, 2019

 

This Privacy Policy describes how XpertReach, our parent, associated and affiliated companies (“XpertReach“, “we“, “our” or “us“), collects, stores, uses or discloses your personal information in connection with your use of our website: https://www.xpertreach.io and associate Applications, Mobile Apps, software and sub-domains, services and products available or any services or products offered thereon or through them that we operate (together with its sub-domains, content, functionality and services).

 

Please see below for details on what type of information we may collect from you, how that information is used in connection with the Services provided by XpertReach, and shared with other Users, our partners and service providers.

 

Platform means the Website XpertReach.io(https:// XpertReach.io) associate Applications, Mobile Apps, software, sub-domains, logos, marks, services and products available or any services or products offered thereon or through them.

 

Services means the Products and Services available or offered on or through the XpertReach marketplace platform.

 

By using our Services and clicking to accept the Terms of Service and Privacy Policy when presented to you as an option, you give your express consent and agree to be bound to the policies and practices as set out in this Privacy Policy.

 

XpertReach is committed to maintaining the confidentiality, integrity and security of any Personal Data of our users that is shared with us as part of using our Services. “Personal Data” means any information that may be used, either alone or in combination with other information, to personally identify an individual.

 

You have the discretion on whether you wish to provide or disclose Personal Data in connection with your account and use of our Services. Certain personal data is mandatory to register as a Consultant or Client, and to complete KYC requirements. Other personal information is not mandatory to register. However, if certain personal data is not provided as requested on the respective Client or Consultant profile pages, you may still have limited access to our Platform, but may be restricted from posting or applying for work or projects, using certain features, programs or options or to transact using our Services.

 

Our Website may contain links to third-party websites and services that are not owned or controlled by XpertReach. We are not responsible for the privacy practices or the content of third-party websites, services and advertisements, and you visit them at your own risk.

 

 

THE PURPOSES FOR WHICH WE USE PERSONAL DATA.

XpertReach collects your information when you

• register for an account,
• update your profile,
• post projects or role requirements,
• upload your work experience and other information,
• apply for work,
• set up payment particulars, and 
• transact using our Services.

We collect and retain this information to provide a better service to all our users.

 

Users of our Services may be Clients or Service Seekers (any person or organisation or government body or legal entity (a) who uses our Services as a client, posting or providing Project requirements which they would like a Consultant to provide or work on, (b) who posts or searches for a Professional to work with them on a full-time or part-time placement, (c) who hires a Consultant to provide any consulting services or products; or Consultants or Service Providers (any independent Professional or Consulting Firm who (i) uses our Services provide professional support for projects, (ii) offer consulting services or products, or (ii) work on a full-time basis, for clients (individually “Consultants” or “Professionals”, and collectively our “Network”).

 

If you submit or we collect Personal Data through our Platform, then such Personal Data may be used in the following ways:

• to identify and authenticate you in order to provide you access to the parts of our website and services that you are authorised to access;

• to provide and administer the services on our website, and to further analyse and improve upon our site and services;

• to manage and provide communications and notifications regarding our services, events, programs or offerings that you have authorised or registered for;

• to send you updates and promotional materials that you have registered for;

• to ensure the proper working, functionality and security of our website; and

• for recruiting and human resources administration purposes;

• to protect our rights and/or our property.

 

INFORMATION SECURITY

We take appropriate security measures including but not limited to physical, electronic, and managerial procedures that are in compliance with applicable laws of India to protect against unauthorised access to or unauthorised alteration, disclosure or destruction of Personal Information. We restrict access to your Personal Information to employees who need to know that information in order to operate, develop or improve our services and to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. We take reasonable steps to ensure that these employees are obligated to protect Personal Information on XpertReach’s behalf by executing confidentiality agreements with them.

 

However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee it's absolute security. Further, you are responsible for maintaining the confidentiality and security of your login id and password, and may not provide these credentials to any third party.

 

HOW WE COLLECT PERSONAL DATA.

We collect information in the following ways:

• Client or Consultant Registration and Profile Pages

  • In order to provide our Services to you and to meet to legal requirements such as KYC requirements, we and our service providers collect the following Personal Data, including but not limited to: your name, email address, password, company name, job title, phone number, address, tax identification number, education, work experience, consultant resume, profile photo, communications with you and background verification checks.

• User Login Information

  • On registration to our Services, you select a Username and Password which enables you to login as Client or Consultant to our Platform and Services. The user login information is processed to enable you to login securely; control access to appropriate or restricted functionality on the Platform and use our Services under the Terms of Service; and to protect our interests, property, content and data on the Platform.

• Platform Services

  To provide our Services on the Platform and under the Terms of Service, we collect the information that you post on the Services and Platform tools and applications, including posts, applications for projects or roles, chats and communications.

• Blogs and Pages

  When visitors leave comments on our Blog and other pages on the Website we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

  An anonymised string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

• KYC and Identity Information

  Know Your Customer requirements are a regulatory obligation and governed under various laws and anti-money-laundering regulations, and we and the Users are obliged to comply in order to carry out financial transactions on the Platform. To meet Know your Customer requirements and to validate your identity, we may ask for additional Personal Identification, such as your date of birth, national identification (Passport, National ID or Social Security number) or tax identification number. For clients, we may ask for Corporate ID, authorised user identification, and tax identification number. We may also for documentary evidence of the same such as copy of your government-issued identification or photo, and copy of tax identification number; and carry out verification or credit checks.

• Payment Information

  Third-party payment service providers acting on our behalf process payment information, including payment card details and billing addresses. You provide credit card, debit card, bank account, Paypal and other payment related details when you use our Platform and Services to make or receive payments. Any Personal Data collected by such third-party will be subject to the third-party’s privacy policy, rather than this Privacy Policy.

• Subscription Forms

  Users have the opportunity to subscribe to our newsletters, marketing and other communications from time to time by opting in or completing subscription related forms. The information collected will include  your name, email address or mailing address. These subscription forms may be provided online or at an event attended by us.

• Social Media

  Our Platform provides you an opportunity to link with or share information on your experience on our website with social networking services such as LinkedIn, Twitter, FaceBook and others.

  Our Website provides Social Media widgets such as the “Share” and "Follow Us" buttons (“Widgets”). These Widgets may set a cookie to enable the Widget to function properly and collect information including your IP address and the page you are visiting. Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Widgets are governed by the privacy policy of the company providing it.

  When you link with or share on these social networking services, they may be able to collect information about you, including your activity on our Website. If you choose to access or make use of third-party social networking services, we may receive information about you that you have made available to those social networking services, including information about your contacts on those social networking services.

• Automatically Collected Information

  We use software tools to collect certain personal information to assist in log-in, systems administration, information security, website & systems monitoring and servicing, prevention of data and system abuse, and to track user trends. Some of our third-party service providers may use cookies and other methods to collect information about your use of our Website and may use these cookies and tracking information for their own purposes by relating information about your use of our Site with any Personal Data about you that they may have. The use of such information by a third party depends on the privacy policy of that third-party.

• Log Files

  We maintain log files to improve services we offer to you, to improve marketing, analytics or site functionality. The information in the log files may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. We may combine this automatically collected log information with other information we collect about you.

• Emails, SMS, and Chat notifications and services related communications

  We may use your Personal Data to send you e-mail or SMS or on platform chat notifications, or to arrange phone or video calls regarding your account. These could include information about and requests for requirements to complete posting a project or role, or applying for a project or a post, or ongoing notifications or service related communications related to these. These communications are meant to enhance your experience and productivity from using the Platform, by providing updates on developments and ensuring that there is timely communication between the Client and Consultants for a smooth process from identification to completion and payment. You have the ability to customise some of these notifications, by opting-in or opting-out of specific notification types and notification methods (email, SMS or platform notification), but others are necessary and integral to the proper functioning of our Services. You may unsubscribe from any newsletter or marketing e-mail lists by following the unsubscribe instructions found within the list email.

   

  HOW WE DISCLOSE PERSONAL DATA.

  We do not sell, lease, rent or otherwise disclose the Personal Data collected from our Site to third parties unless otherwise stated below or with your consent.

   

  Our Third-Party Providers

  We use third party service providers for our website and operations and may transfer data to them for the purposes of providing the services. We use commercially reasonable efforts to only engage or interact with third party service providers and partners that post a privacy policy governing their processing of Personal Data.

   

  Consultant and Professional Profiles

  Once you have completed the Consultant Registration form and updated your Profile, your Consultant/Professional Profile will be created. Once your registration is approved your registration will become “active”. Your personal contact information will not be publicly viewable on our Website. Registered Clients who are logged-in to the Platform, and have received a Proposal or Bid or Application from you may be able to view your Profile information. It is your discretion what information you provide in the Public Profile and upload in response to a project or role posted. No personal contact information will be shared by the Platform. Consultants are also required not to share personal contact information, unless required for the performance of the contract, and subject to prior information to and approval from XpertReach.

  Your Profile will include personal information such as name, profile picture, skills, educational information, work experience, certifications, your location, desired fee rates, and the type of work you are interested in. The profile will include any further information provided by you or files uploaded by you for the purposes of  completing your profile information and product/service catalogue. The profile will also include feedback and rating information for your work done using our Services.

  You may edit your Profile using the Edit Profile on your Dashboard when logged in and viewing your profile.

   

  Client Profiles

  Once you have completed the Client Registration form and updated your Profile, your Client Profile will be created. Once your registration is approved your registration will become “active”. Your Profile will not be publicly viewable on our Website.

  Your Profile will not be shared with any other XpertReach User (other than employees and software developers of XpertReach). When you Post a project or a role, your Client Profile “Description” and details your post relating to the Project or Role will be viewable by other Users. Any messages sent directly to the Client using the Platform messaging tools, will be viewable only by the Client and XpertReach. 

  Your Profile will include personal information such as your name, client name, location, job title. The profile will also include feedback and rating information for work done for you by other Users using our Services.

  You may edit your Profile and Personal Data using the Edit Profile on your Dashboard when logged in and viewing your profile. Some Personal Data is not editable. In case there is an error in any of these data fields, please contact our services team by email explaining the error and the correction needed at services@xpertreach.io. Due to platform security and contractual considerations some Personal Data may not be editable, and you recognise accept this by using the Services.

   

  Advertising and Social Media Services

  Advertising services and social media networks services used by XpertReach to manage our brand and social media interactions and internet advertisements, may collect anonymous information about your visits to the Website, and your interaction with our products and services. They may also use information about your visits to this and other Websites for targeted advertisements. No personally identifiable information is collected or used in this process. This may involve using cookies or other methods to gather information regarding your use of our Website, plug-in’s, to allow you to “share” a page on our Website, or to use your social media account information to enable you to update your profile. Such third parties may use the cookies and other methods for their own purposes, combining it with other information they may have about you.

   

  Other Disclosures

  We may disclose Personal Data about you if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to:

  • comply with any applicable laws, regulations, or statutory, legal or governmental request or process;

  • detect, prevent, or otherwise address fraud or security issues; or

  • protect against harm to the rights, property or safety of Graphite, our users, or the public; or

  • enforce our terms of use, including investigations of potential violations thereof.

   

  PERSONAL DATA YOU PROVIDE TO THIRD PARTIES ON OUR WEBSITE

  Please note that we use certain third-party service providers on our Site to enhance your experience or deliver certain services. These providers may collect Personal Data about you in performing their services and/or functions on our Site.

   

  PERSONAL DATA YOU DISCLOSE RELATING TO OTHERS

  If you disclose any Personal Data relating to other people to us or to our service providers in connection with our Site, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

   

  RETENTION OF PERSONAL DATA.

  We reserve the right to retain any Personal Data as long as the Personal Data are needed to:

  • Meet the purposes for use of data as described in this Privacy Policy, and

  • comply with applicable laws and regulations

 

VOLUNTARY DISCLOSURE

You acknowledge that you are disclosing Personal Information voluntarily. Prior to the completion of any registration process on our website or prior to availing of any services offered on our website if you wish not to disclose any Personal Information you may refrain from doing so; however if you don’t provide information that is requested it is possible that the registration process would be incomplete and/or you would not be able to avail of the our services. If you are our corporate customer, it is possible that we may have entered into a contract with you for non-disclosure of confidential information. This Privacy Policy shall not affect such a contract in any manner. 

 

GOVERNING LAW AND DISPUTE RESOLUTION

This Privacy Policy and associated Terms of Service shall be governed by and constructed in accordance with the laws of India only without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of New Delhi, India. 

 

ASSIGNABILITY

XpertReach may assign any of our responsibilities/obligations to any other person without notice to the User, at its sole discretion. However, you shall not assign, sub-licence or otherwise transfer any of your rights or obligations under this Privacy Policy to any other party, unless a written consent is taken from us. 

 

YOUR RIGHTS

Personal Data: If you have an account on our Website, you have the ability to edit or delete certain categories of Personal Data through your account. For any requests to access, amend, or delete personal data, please write to us at support@xpertreach.io. XpertReach will review all such requests in accordance with applicable laws.

 

CHANGES TO THIS PRIVACY POLICY

We reserve the right, at our discretion, to change the terms of this Privacy Policy at any time. Unless mentioned otherwise, all changes to the Privacy Policy will apply immediately on the day posted on our Website. Your continued use of our Services, updating or providing further Personal Information, or requesting our assistance, after any revision to the Privacy Policy shall constitute your acceptance of the revised Privacy Policy.

 

© XpertReach, 2019

Consultant Services Agreement

Last Updated: August 21, 2020

These terms are an integral part of the Terms of Service and together with the General Legal Terms, the Website Use Terms, Fees & Payments Process and the Privacy Policy, form the Consultant Services Agreement between you (the “Consultant”), and XpertReach

1. SERVICES

• Consultant acknowledges that once you are Registered and approved for use of the Platform Services, you may post or update your profile and experience credentials, highlighting and marketing your experience and skills to prospective customers (“Clients”), and to apply for Projects or Roles with the purpose of working for client projects or full-time work.

• You agree to provide the required information and documentation to complete the Know Your Customer ("KYC") requirements. You acknowledge and agree that a failure to meet KYC requirements may limit your access to the Platform services; and that you will not be able to post projects, roles or transact using the services. You acknowledge and agree that XpertReach may at its discretion, suspend or terminate any account where KYC requirements have not been met, and that this is required to meet regulatory requirements and in order to protect the Platform, other users, and prevent any mis-use or fraud.

• Once you have submitted a Proposal and negotiated the final terms of the project with the Client, you are recommended to enter into a written agreement with the Client, detailing the terms of agreement including the scope, deliverables and fees to be paid for the project work. The agreement and fees to be paid must be recorded and uploaded on the Platform Services for future reference, updates, payment requests, cancellations, refunds and dispute resolution.

 

2. FEES

• Fees for Projects and Services

  • Consultants are free to negotiate and agree the Fees for a Project (“Project Fees”). These may be a fixed price for the project or variable hourly, daily or other rates based on time effort, in respect of a Project. In determining and agreeing the Project Fees, Consultants must keep in consideration your obligations under the Terms of Service and the Services Agreement; and the amounts deductible by XpertReach as Service Fees.

  • The Consultant and the Client must record on the Platform and notify XpertReach of the key terms of engagement (such as Project start / commencement, Project end date, conclusion of Project and fees payable to the Consultant), prior to the commencement, or immediately following commencement, of the Project.

  • The Platform will deduct and deposit TDS/TCS as applicable before remitting payment to the Consultant.

• The Client and Consultant are required and obligated to use the XpertReach Services to pay and receive payments for their work. By using the Services, you agree to raise any Payment Request to the Client exclusively via the Platform Services;

• Subscription & Service Fees.

  • As consideration for the use of the Services, we may charge and deduct a Service Fee from any payments made by a Client to a Consultant, prior to depositing the balance in the Consultant’s Bank account (“Service Fees”), subject to applicable VAT, GST or other taxes and withholding tax;

  • Our fee will be deducted from each payment made on the Services. Our fees will be charged as a percentage against the initial Project, as well as any scope extension or follow-up work relating to the Project;

  • You agree that your use of the Services and subsequent introduction to the Clients (the “Engaging Client”), commits you to these Terms and the Fees, Payment conditions and Exclusivity periods as detailed herein. XpertReach will be entitled to receive the Service Fee in respect of any Projects or work undertaken by a Consultant introduced by XpertReach during the exclusivity period. You agree and confirm that any previous relationship between the you and the Client will not impair or limit this obligation for payment of Service Fees to XpertReach;

  • The Subscription Fees and Service Fees applicable are as follows:

Project Value	Account Type	Subscription Fee	Service Fee
All Values	Standard	Nil	15% of Project Value

• • Notwithstanding the above, the Service Fees may be determined on a project-by-project basis and advised to you via the Services (Notifications or Emails) at the time of soliciting of interest for a Project. In such case, you will keep these Fees in consideration and approve these in submitting their proposal;

• • XpertReach retains the absolute and sole discretion to introduce additional account or subscription types and subscription or service fee tiers at any time.  Should there be any change to a Users account type, subscription or service fees, XpertReach shall notify the user via the Services or Email of such change.

• Promo Codes:

• XpertReach may introduce Promo Codes offering clients a discount on any project.

• XpertReach retains the right to limit the use of any such Promo Code for specific values, or categories of work, or client at its sole discretion; and retains the absolute right to withdraw or terminate any Promo code without prior notice at its sole and absolute discretion, without assigning any reasons thereof

• It is clarified that the Promo Code and related discount on the Fees would be absorbed/adjusted by XpertReach from the Service Fees it is entitled to deduct or charge; and would not be charged to the Consultant, unless otherwise agreed to between the Parties

3. Expenses

• Consultants are responsible for their own costs and expenses in performing Projects, unless Consultant and the Client agree otherwise and record the agreement using the Platform tools;

4. FEES AND PAYMENT PROCESS

• • Payment of Project Fees and Service Fees may The payment terms and procedures may vary from assignment to assignment and from client to client. Each assignment may be governed by a separate agreement which will be drafted and agreed between the interested parties from time to time. XpertReach does not guarantee any payments on behalf of the company, it works only as a facilitator between the company and independent consultant. All payments will only be made on successful and satisfactory completion of any assignment which is approved by the company.

5. Consultant Account and Responsibilities

• • You confirm that there are no restrictions, including from any confidentiality agreements or or from current or previous employment or consulting assignments, for you to open an account with XpertReach or using the Services. You confirm that, where required, you have obtained all necessary the consents or waivers required for you to be able to use the Services;

  • Nothing in these Terms and Conditions of Service is intended to create, or creates, any obligation of exclusivity or minimum performance requirement. You are free to work anywhere you feel fit and are not obligated to work exclusively with our Services and / or to apply or accept any Projects on the our Services. XpertReach makes no representation regarding the frequency, quantity, or type of invitations to Projects you will receive or in which you will be chosen to participate;

  • Acceptance and Scope: Clients can post project briefs on the Platform or be introduced on the platform or through XpertReach engagement team. Consultants are free to accept or decline any Projects, and may accept only those Projects for which you have the requisite knowledge/expertise to deliver and complete the Project, and that do not present a conflict of interest or breach any express or implied terms of any contract or of any other obligation legally binding upon you;

  • Consultant Conduct: Consultants must act with the utmost professionalism and courtesy in any dealings with Clients and with XpertReach. In performing any Project for a Client, the Consultant must:

    • make all necessary enquiries of the Client to ascertain the Client's requirements and objectives from the Project, including the Client's requirements in relation to the Consultant's intellectual property;

    • immediately inform the Client of any matter which may cause any change to the expected delivery dates, time, costs or fees related to the Project;

    • use a high standard of care and skill to be expected of a consultant who regularly works on projects and engagements similar to the Project;

    • comply with all applicable laws; and

    • subject to client requirements, obtain any required insurances which may include professional indemnity, public liability and/or workers' compensation insurance and provide evidence of such insurance upon request;

  • False and Misleading Information:You agree that you will not provide any false or misleading information or information which may mislead or deceive XpertReach, Clients, or any other party in respect of any Project.

  • Financial or Investment or Legal Advice:You further agree not to provide any financial or investment advice, including, without limitation, any ratings or securities recommendations, or legal advice, to any Client unless you hold all necessary qualifications and licences and you have agreed the scope and limitations in writing with the Client;

  • Warranties: You warrant and represent that:

    • that the information you provide for your registration and profile is accurate, true, correct, and complete and you further warrant and confirm to keep this updated for any changes as soon as possible after such change and prior to bidding or accepting a project;

  • If you agree to a Project work with a client, it is your responsibility to ensure you perform the work in accordance with the mutual agreed contract with the Client and in accordance with applicable laws and regulations. You further warrant that all work, documents and other deliverables produced by you in relation to a Project will be reasonably suitable in all respects for the Client’s purposes;

• You agree to cooperate fully in any inquiry conducted by us or our approved agents concerning actual, alleged, or potential violations of these Terms of Service.

6. CONFIDENTIALITY

• You acknowledge that by using the Services or participating in or working on Projects, you may gain access to or come into possession of our and/or Client business information or other confidential or proprietary information (“Confidential Information”).  You agree that Confidential Information is the sole property of the respective owner, whether us or Client, and agree to treat such information as confidential. You agree not to disclose or to attempt to use or personally benefit from any Confidential Information that is disclosed to or known by you because of your participation in the Services to any third party. You agree not to disclose any Client Confidential Information during and/or after the completion of the Project or work being done using the Services, except with the written approval of the Client or unless required by law;

• You acknowledge and agree that your obligations not to use or personally benefit from Confidential Information as set forth above prohibit you from using information you learn during a Project to trade securities or make personal investment decisions;

• You may not refer to the Client or its business, or the business of any of the client's customers, in any of your marketing materials, website, social media or other publications outside of the XpertReach platform, unless authorised in writing by the Client;

• Some Projects are collaborative, and involve working with other Users.  You owe the same duty of non-disclosure to such other Users as you would to any Client under these Terms of Service. This prohibition on Confidential Information also applies to your employees, directors, agents and subcontractors;

• On the completion or termination of a Project, the Consultant must promptly comply with any conditions relating to Confidential Information provided in their contract with the Engaging Client.

7. ENTIRE AGREEMENT AND PREVIOUS CONTRACTS

• You, (the “Consultant”) and We (“XpertReach”) agree with each other that this Services Agreement, together with any documents referred herein, constitutes the entire agreement and understanding between us and replaces and supersedes any previous arrangement, understanding or agreement between us relating to any assignment (which is hereby deemed to be terminated by mutual consent).

8. NON CIRCUMVENTION

• Consultant agrees and confirms that all Clients introduced by or via XpertReach or XpertReach Platform or Services shall continue to be accessed via XpertReach Platform or other XpertReach channels. The Consultant agrees not to deal directly with any Client introduced to the Consultant via the XpertReach Platform or Services or any other XpertReach channel (“introduced Client”), unless specifically agreed to with XpertReach in writing. Consultant further agrees not to circumvent or attempt to circumvent XpertReach, in any of its dealings with the introduced Client; and to ensure that all dealings, projects and payments are made exclusively using the XpertReach Platform or Services. All agreements for projects or work with introduced Clients must be notified to XpertReach and on the Platform; and all will be subject to the Service Fees as detailed in the Terms of Service and the Services Agreement;

• In the event of any Client suggesting or attempting to circumvent XpertReach by asking the Consultant to deal directly with the Client outside the XpertReach Platform, the Consultant shall promptly notify XpertReach of the same, no later than 3 days from the date of such attempt or suggestion to circumvent.

 

© XpertReach

XpertReach Community Guidelines

 

Last updated: 14 June 2020

 

 

XpertReach provides the opportunity for Clients to share feedback and reviews on the project experience. We value these Feedback and contributions from Clients as truthful and genuine feedback and reviews help our community deliver better services, improve their offers, and provide transparent information for other Clients to evaluate service providers. It is therefore critical that general communications and information posted on the Platform is genuine, objective, factual, accurate, truthful and furthermore that any reviews, feedback and comments posted on User Profiles and Blogs are based on experience.

 

In order to ensure our Platform remains fair and provides valuable information, users must review our community guidelines below before leaving a review, feedback, comment, or information request:

 

Business Relationship: Feedback and Reviews can be provided only if there has been a Client - Consultant relationship for services via the Platform. Reviews and Feedback based on any external experience or otherwise must not be posted. Any reviews found to be in violation of this guideline will be removed.

 

Inappropriate Content: Any comments, feedback or reviews containing hate speech, abusive lewd or demeaning language, threats, and harassment will not be tolerated. Any reviews found to be in violation of this guideline will be removed. Any Users posting such inappropriate content may, at our sole and absolute discretion, have their account suspended and their access to our Services removed, without notice and irrespective of any ongoing project work or payments. However, such suspension shall not in any way remove, constrict or impair your liabilities for services provided on the Platform.

 

Relevance: Comments, feedback or reviews must be relevant to the XpertReach platform and the services offered. Users posting any comments, feedback or views must ensure that your remarks are relevant and appropriate. Comments, feedback or reviews which are extraneous to the services provided, are personal, political or religious affiliations, and which do not address the services provided on and through the XpertReach platform, will be removed.

 

Privacy: Divulging personal information or other sensitive details about a Client or a Consultant or their employees will not be tolerated, and any identifying information will be removed.

User Communications: Professionals and clients may not request or share contact information before a contract is started. Users must conduct all pre-contract discussions, interviews or negotiations through the XpertReach platform. If a call or video discussion is required, the User must contact the XpertReach services team and arrange it via the Platform. All Payment requests are to be processed via the XpertReach platform. Users must not initiate, request, pay or otherwise deal with project payments in any way other than through XpertReach. Users must follow the process as detailed under "Fees and Payment Process" for all payment requests, invoices and payments.

 

Bias & Conflict Of Interest: Comments or reviews should be objective, factual, truthful, and without bias. Submitting reviews on your own business, or a business owned by a friend or family member, or your competitors’ businesses is not acceptable and will be removed. Posting such reviews may be treated as a violation of these Community Guidelines and the Terms of Service.

 

Exploitation & Remediation: Users are entitles and encouraged to provide honest and frank feedback and comments about their experience regarding project work sourced or contracted on the Platform. Using the XpertReach feedback functionality to demand payment, refund, or remediation is not an appropriate use of the Platform and any such content will be removed. XpertReach reserves the right to revoke users access from our Platform, who are found in violation of these guidelines at any time.

 

Integrity Policy For Consultants and Professionals

XpertReach offers a platform for Clients and Consultants to connect, and is designed as a curated platform for consultants. Therefore, it is critical for our platform integrity that information on Consultants experience, education and expertise, reviews, etc., is genuine, truthful and complete. XpertReach success depends on our ability for Clients to trust our Services to connect them with Consultants who are well suited for the experience and expertise required for projects. That trust is built on the quality of our Consultants Network. This integrity policy outlines the requirements from Consultants who register on our Platform, for their continued use and access to our Platform and Services:

• Location: Businesses can post projects requiring local service providers or consultants. All consultants are required to have a Business Address and Google Map listing for their business. In case a business has more than one location or branch, it may set up additional profiles with a local representative. Businesses can also set up “Regional” or “Any Area” service capabilities on their Profile. Users must not misrepresent to claim a local service address for a Project.

• Services Provided or Services Catalogue: Businesses can post project requirements for functional expertise [for example, Strategy & Planning, Business Unit Strategy; or IT & Digital, IT applications assessment; or Mergers & Acquisition, Due Diligence support]. Consultants can set up their Services Catalogue detailing which functional areas and industry expertise is offered. XpertReach empanelment teams will verify your services provided as detailed on your website and external links such as LinkedIn, and your experience and credentials provided in your profile, and, may request additional information if necessary to verify your work experience and/or consulting experience. XpertReach may at its discretion remove Service Areas from a Consultants Service Catalogue, if experience and expertise cannot be verified.

• Industry Verticals Served: Clients may require specific industry experience and expertise for projects and roles posted [for example, Financial Services, Insurance, E-Commerce, Manufacturing, Real estate, Hospitality, etc.]. Consultants shall add Industry verticals served for each functional area of expertise in their Service Catalogue and Profile. XpertReach empanelment team will verify your vertical expertise as detailed on experience, CV, LinkedIn profile, and your website, and, may request additional information if necessary to verify your work experience and/or consulting experience. XpertReach may at its discretion remove Service Areas from a Consultants Service Catalogue, if experience and expertise cannot be verified.

• Profile Completion: XpertReach algorithm and engagement team uses your profile and expertise details to match you to Client projects or roles; and to highlight to Clients the matched consultants that best suit their project requirements. Consultants XpertReach profile showcases your expertise and experience. Consultants must keep their profile updated so that it remains relevant and matched to project opportunities. Consultant profiles must not include details that allow Clients to contact them outside of the Platform, and promotional / marketing materials should not be used in the profile information. Any content that violates these Guidelines and the Terms of Service and Client Services Agreement will be removed.

• Feedback and Review: Any review and feedback posted on the XpertReach platform is critical to our Platform success. We value genuine reviews. False reviews affect not just the Consultant who has received the review but the Platform integrity. In case you are or become aware of any fake reviews, please write to us at services@xpertreach.io

Fees and Payments Processes

 

Last updated: 21 August 2020

 

XpertReach Fees and Payments Processes may be updated from time to time. Material changes will be posted on the Website for your reference. You should keep yourself updated on current processes by checking this page regularly. You can also raise a query using the Platform Chat functionality or send an email to services@xpertreach.io for any clarifications on current processes.

1. FEES

• • There are no Fees for Registering as a User on XpertReach.

• Project Fees:

  • XpertReach does not charge Clients for posting a Project or for hiring a Consultant for Project work.

• Consultants will quote a Fee for Project work depending on the scope and complexity of the Project, the Clients budget and the Consultants fee rates. Clients can set an estimated budget in the project brief which can be helpful in soliciting proposals from Consultants that match the experience and skills required and the estimated fee rates in the budget. It is usual for Clients and Consultants to discuss and finalise the Fees together with the Project scope and deliverables. If required, the XpertReach team can assist the Client in estimating the fee range for different project types and level of expertise required;

• Service Fees:

  • If a Client uses the XpertReach Recruitment or Placement Services; or hires a Consultant for a full-time role, Placement Fees as defined in the Client Services Agreement are payable

  • For Projects, XpertReach will deduct a Service Fee as detailed in the Consultant Services Agreement

  • XpertReach does not charge a Service Fee on Expenses reimbursed, provided the Expenses are justified as actual and verifiable expense incurred by the Consultant for the Project

• Subscription Fees:

  • Xpertreach may introduce subscription based plans from time to time, and charge a fee for the same

2. PAYMENTS

• Fees and payment timeframe or milestones must be agreed, formalised and recorded on the XpertReach Platform using the Platform tools before a Project commences.

• The payment terms and procedures may vary from assignment to assignment and from client to client. Each assignment may be governed by a separate agreement which will be drafted and agreed between the interested parties from time to time.

• Project Fees may be on a Variable basis (based on hours, days or month of work; and with agreed periodicity of payment); or a Fixed basis (based on agreed deliverables and linked to milestones).

• Consultants are responsible for their own costs and expenses in performing Projects, unless Consultant and the Client agree otherwise and record the agreement using the Platform tools.

• You are responsible for providing and keeping up-to-date valid payment details for your account with XpertReach.

• When a Payment Request is submitted through the XpertReach Services, a notification will be sent to the Engaging Client that a payment is due. The Client must pay the agreed amount via the XpertReach platform payment services. If the Engaging Client disputes the Payment Request, the same must be done via the XpertReach platform within two (2) days (“stipulated period”). In such case, Consultant must communicate and coordinate with the Client and a revised Payment Request will be sent to the Engaging Client for approval.

• After the stipulated period, the Payment Request and Invoice is deemed to be accepted by the Engaging Client, and can no longer be disputed on the Platform. The Engaging Client must pay the Payment Request within 2 days of acceptance or as detailed in a written & signd agreement. In case payment is not received within the agreed timeframe, XpertReach may charge the full amount of the agreed fee or undisputed full invoice value and applicable fees to the Engaging Client’s credit or debit card or bank account, if recorded with XpertReach.

• XpertReach agrees to pay the Engaged Consultant the after deducting the applicable Service Fees for using the Services and applicable withholding taxes, to the Engaged Consultants bank account or Paypal account as registered with XpertReach.

• By agreeing to these terms, the Engaging Client authorises and gives permission to XpertReach to charge the Payment Method registered for their account with XpertReach, with the amount applicable for use of the Services including Engaged Consultants Invoice and any applicable Fees

• Recruitment Fee. Client opting to pay a Recruitment Fee for recruiting a Consultant agrees to remit such payment to XpertReach within fifteen (15) days of the joining date as specified in the Client Services Agreement.

• XpertReach may require you to provide additional information (including your Income Tax Permanent Account number or equivalent Tax Identification number, Aadhaar or Social Security number, and other GST or VAT registration details) about yourself or your employer/company as part of XpertReach procedures for Payments and KYC verification. 

• The Client confirms and agrees that the timelines provided for the approval and payment of Invoices is critical to the functioning of the Platform and to the provision of Services. Failure to comply with these terms would therefore constitute a material breach and violation of the Terms of Service.

 

3. Payment method:

• The Client and Consultant are required and obligated to use the XpertReach Services to pay and receive payments for their work. Payment will be processed as specified in the Project Award and Milestones and Payments agreed on the Platform. By using the Services, you agree to pay the Consultant the amount agreed or reflected in an undisputed final payment request;

• Client payments can be made using our Platform Payment Services or via Direct Bank Transfer. Platform Payment Services are provided by Razorpay and PayPal and include payment by Debit or Credit Card or by Bank Transfer using IMPS, UPI, NEFT or RTGS.

 

4.   FAILURE TO PAY

• If a Client fails to pay amounts due under this Agreement, whether due to cancellation or expiry of credit or debit card, initiating a false chargeback or any other means, XpertReach may at its absolute discretion suspend the Client’s account, and/or stop any work-in-progress, and/or stop any further payments. Client must pay XpertReach the amounts due upon demand, plus any applicable processing fees, charges or penalties, plus interest at the lesser of one and one and half percent (1.5%) per month or the maximum allowed by law, plus legal fees and other costs of collection as allowed by law, without limitation to XpertReach rights and recourse to other available remedies. XpertReach may setoff amounts due against other amounts received from or held for the Client, or report the failure to pay as may be appropriate to financial, statutory or legal authorities / bodies.

 

5.   REFUNDS

• In the event of an Order Cancellation, and subject to the applicable Cancellation Policy, XpertReach may automatically refund any amount lying with XpertReach pending transfer to the Consultant;

• In the event of an Order Cancellation, and as determined under the applicable Cancellation Policy, the Consultant or Client must make payment immediately for the amount determined as payable to the other as Refund or towards Services rendered. Failure to do so may result in the defaulting parties account being suspended for violation of Terms of Service.

• In the event of a dispute regarding payment request and Invoice, once the stipulated period has passed, the invoice is accepted by the client and the charges can no longer be disputed via the XpertReach services. Any refunds thereafter can only be refunded by the Consultant. 

 

© XpertReach